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Now parents are pretensioner have the right to demand child support from their adult children. What to do if children don't want to pay? And whether the right to alimony "prodigal" parents?
In March, the State Duma adopted in the third reading, and the President signed the law on the right of citizens approaching retirement age to receive alimony. According to the document men over the age of 60 years and women 55 years of age are entitled to child support from their adult children. What has changed with the adoption of the new law who and when is obliged to pay child support and how regulated the financial relations of parents and children — will explain below.
What has changed?
the message on the website of the state Duma of the Russian Federation follows that the new law is designed to ensure maximum protection of citizens approaching retirement age, giving them the right to receive alimony disability. Why have these changes?
"And now the Family code provides for the obligation of working adult children to support their disabled in need of assistance parents and care for them, — says the lawyer, partner of law office "Asnis and partners" Kira Koruma. — Recognized disabled persons recognized in the prescribed manner by persons with disabilities of I, II or III groups, and also persons who have reached generally established retirement age. Previously, the generally established pension age was 60 for men, 55 for women years. Now this age is legally increased."
According to Kira Koruma, the legislator has considered that raising the retirement age should not affect the position of individuals associated with family relationships, and diminish the consequences of these relations mutual rights and obligations. Therefore, the MPs adopted the novel provide for the preservation of the rights of women under 55 years and men under the age of 60, to receive alimony. Other conditions of when the right to receive alimony shall not be changed.
"the Prodigal" fathers and their right to alimony
the problem of fathers and children, unfortunately, are not always resolved amicably. There are parents who avoid their duties, there are adult children who abandon elderly parents to their fate. The state has a duty to protect the rights of both.
Imagine the following situation: one of the parents, such as father, at the time, withdrew from the life of a child, all the responsibilities fell on the shoulders of the mother. And many years later, he came back to have an adult child asking about the content. Of course, the child may be noble and forgive a negligent parent. And if not? What rights does a father?
"the Family code gives a direct answer to the question, can children be relieved of the duty to maintain their parents if the parents of their responsibilities in relation to children were not properly carried out, — said a senior lawyer of "legal duvernoy" Anna Yakovleva. Parent can go to court in order to force your adult child to keep it. But if the court in the case of the recovery of the content will establish that the parents really shied away from raising their child, did not care about his health, development, education or themselves previously evaded paying child support, then the claim will be denied. In addition, the children are automatically freed from their parents, if they were deprived of their parental rights." Also, according to her, the divorce of parents does not make them "not parents" of their children and, accordingly, does not exempt children from the obligation of maintaining them.
Quote I pay you — you pay me!
What children need from parents? Care, love, attention, safety. Of course, being a parent is worth it. And from a moral and material point of view.
let us Examine this situation: one parent after separation paying child support but the child was not engaged and was not interested. Does he have the right then to claim for child support?
"the Payment of alimony is not only the duty of parents that they must fulfill in order to be able to qualify for "mutual" child support from their children, — says Yakovlev. Parents must educate their children, take care of their health, physical, mental, spiritual and moral development, to ensure that their children receive General education and to protect their rights. Consequently, even if the child's father and paid him alimony, but any attempt to participate in his upbringing is taken and the child is not interested, then and in the future will have no right to claim maintenance from your child."
"the Court can exempt children from paying alimony if it is established that parents evaded from performance of their duties, adds Kira Koruma. — Research of court and other noteworthy interests of the parties and allows children to be exempted from payments to negligent parents or to minimize the amount of maintenance. So if mom and dad did not participate in the education and it can be proved, the court can exempt children from paying child support."
So in this case, the principle of "money for money" does not work. Children need attention and care of parents, then the law is on their side.
I have decided: I will contain the older son!
let's Say one father, as in a fairy tale, have three sons. Maybe even from different mothers. And all three rose, and father decided to apply to the court to require the eldest son to pay him alimony. He felt that the senior can handle it better, and Junior and middle decided to regret. Will it work this the tactics?
No, it's not going to work. In this case, no parent chooses one of the children, who will contain it, and the law.
"If a parent of several children, and the content it requires only one, the other children usually also attracted by the court to participate in this content," says senior lawyer "duvernoy ligal".
Hello, I am your... Granny!
so we have to help our parents? Actually no. The list of relatives who can apply for child support, is much broader.
"Innovations apply not only to cases of detention of children to their parents, but also on the content of each other's spouses (including former), siblings, grandchildren and grandparents, grandparents, stepchildren, step-daughters and stepfathers, stepmothers, as well as students and educators. The above rules on the manner and conditions under which such content is, in General, is universal and applicable to these cases," explains Anna Yakovleva.
But the son does not want to pay!
the rights and duties of parents, we understand. For example, the father and mother of the child was brought up, cared for, fed and taught. But when in old age they need a hand, an adult child turned away from them. How can that be?
"the maintenance is carried out on the basis of one of two documents: either the agreement of parents and children, or, when it is impossible to agree, a court decision — says Yakovlev. In the case when the child does not want to pay even according to the court, apply measures of compulsory execution of this decision through the court bailiffs 'service".
So, if you appeal to the conscience of the child does not work, you need to go to court and claim alimony. Unfortunately, sometimes the only way to put the law.
How much the content of parents?
the alimony to children, everything is clear, their size is clearly defined by law: 25% of the salary of a parent is to one child, and the more children, the greater this share. In the case of maintenance of elderly relatives is not so clear.
"as to the contents of the children of their parents of such a framework, the law does not establish — the child support is determined in a fixed amount by the court, which takes into account material and marital status of parents and children and other noteworthy interests of the parties. In practice, the size of such contents is set such that it was sufficient for the basic needs of the parent with regard to his age, health condition and other circumstances. The calculation of such functions as the acquisition of necessary food, clothing, medicines, housing and utilities and the like," says Anna Yakovleva.
Kira Koruma adds: "Usually the court focuses on the subsistence minimum in the region. In practice, the amount of the exacted alimony, usually small, in the range of 1 500-15 000".
According to her, the court must consider how the capabilities and limitations of adult children and the needs of their parents.
It is obvious that the needy adult disabled child or many children the parent is unlikely to be required to maintain at the expense of their pensions are not needy, wealthy parents who are working or have savings, other income (for example, property which is rented). In any case, in the first place will take into account the interests of minor children, the potential of the payer of the alimony, and then determine the amount of child support to parents.
Life is multifaceted and full of surprises. Unfortunately, not always pleasant. But in order to at some point not to remain with nothing, need to know their rights and be able to defend them. Even if you have to go to court. I want to believe that such situations are quite rare, but parents and children still manages to negotiate amicably.
Antonina SAMSONOVA, Banki.ru
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